Last Wills and Testaments

If a person dies without a will, they are said to have died intestate (without a testament).  State law determines who inherits your assets, who comes first, who comes last, how much they get and who will get nothing at all.  

If you agree with the distribution of your assets under Louisiana law, then you might decide that you do not need to have a will.  But if you want to do something different, then you should consider having your will prepared by a qualified legal professional.  And if you know what you want done, but you are looking for an alternative to hiring an attorney, then Notary In The East is the best choice. 

Learn more about who inherits if a Louisiana resident dies without a will.  

Louisiana recognizes only two types of wills:  an olographic will and a notarial will.

The olographic will must be entirely written, dated and signed in the handwriting of the testator (the person making the will). The olographic will should not be notarized, or it very likely will be considered invalid.

The notarial will is a formal document prepared by a legal professional in accordance with your wishes and Louisiana law. It states how you want your assets distributed after you die. Because it is subject to very strict legal requirements, it is not a good idea to type up a will on your own.  Contact your Notary In The East, and let us help you get it done correctly.

First of all, the name is a little misleading. People often confuse a living will with a last will and testament. As stated above, the last will and testament is the document that states who gets what after you die. A living will is the document that states your wishes regarding life-sustaining or end-of-life procedures and support should you be diagnosed as having a terminal and irreversible condition. 

A living will lets everyone know what you want done regarding your medical care and treatment if you are unable to communicate your wishes on your own.  It helps to put family members at peace about making what may be very difficult decisions regarding your medical care because they will know in advance how you want to be treated.

Can my spouse and I have one will to cover the both of us?

No.  In Louisiana you each must have your own wills.  Each will probably will cover things that you own together, but each of you gets to decide who inherits your ownership interests in those assets.

Is it true that my spouse may not inherit from me if I die without a will?

Yes, that's true. In Louisiana, if you die without a valid will, your surviving spouse does have some protection, but he or she will not automatically inherit from you. For example, if you have descendants (children, grandchildren, etc.), they will inherit from you. Your surviving spouse might inherit use of your assets, but not ownership.

Can a person get a will without involving their spouse in the process?

Yes.  While it will contain information about a current spouse, a will states your last wishes, not your spouse's last wishes. It is not necessary to have your spouse’s consent or participation in getting your will prepared.  Of course, it is a good idea for spouses to communicate their last wishes to ensure there are fewer or no surprises for the surviving spouse.

If the deceased person had a will, is a succession still necessary?

Yes.  When a person dies, a succession is required to give his or her heirs or legatees legal possession of the assets that were left behind. A succession is called intestate if the decedent died without a will; the people who inherit are called heirs. A succession is called testate if the decedent died with a will; the people who inherit are called legatees.

Can a will be revoked?

Yes.  You can change or revoke your will at any time.  Most often, a will is revoked by destroying the original and any duplicate copies, or by signing a new will.

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